초록 열기/닫기 버튼
The freedom of the broadcasting is a fundamental human rights on the Constitution which contains not only a personal right but also a character of institutional guarantee. The freedom of the broadcasting as a fundamental human right is, first of all, a right of defense, which means the nation should not be the broadcasting station for itself and the nation should not exercise influence on broadcasting program which should be free from the nation. Also the freedom of broadcasting contributes to forming freely and extensively public opinion by the broadcasting. For the security of free public opinion formation by the broadcasting, the freedom of broadcasting requires the legislature's duty that he has to make the law on the organization, the procedure and the substance content of the broadcasting. The freedom of the broadcasting does not allow a broadcasting station to use it willfully, but protects the contents and methods of the expression, which is the nature of the broadcasting. Thus, the character of institutional guarantee appears especially stronger in the freedom of the broadcasting than in other fundamental human right on the Constitution. It is confirmed that the character of institutional guarantee in the freedom of the broadcasting is rather to complement and strengthen than to restrict a personal right.
키워드열기/닫기 버튼
Freedom of the Broadcasting, Personal Right, Right of Defense, Institutional Guarantee, Public Opinion.
